title
Zoning Petition ZONING-24-000077 Chinmaya Abhyudaya
resolution
WHEREAS, a public hearing was held on January 7, 2025 in the DuPage County Administration Building, 421 North County Farm Road, Wheaton, Illinois at 6:00 P.M. before the DuPage County Zoning Board of Appeals and notice of said hearing was duly given; and
WHEREAS, a petition was presented at this hearing requesting the following zoning relief:
Conditional Use for a Planned Development in the R-4 Zoning District, seeking 10 detached and 61 attached dwelling units, 14,172 square foot divisible shopping center, and two place of assembly buildings that will total approximately 54,963 sq. ft. to be used for religious services, study, and education, with the following exception:
a. To increase the height from 36 feet to approximately 40 feet, on the property hereinafter described:
PARCEL 1:
P.I.N. 10-11-100-023
THAT PART OF LOT 47 IN ASSESSMENT DIVISION, BEING A SUBDIVISION OF THE SOUTH 1/2 OF SECTIONS 1 AND 2 AND ALL OF SECTIONS 11 AND 12, LYING NORTH OF THE SANITARY DISTRICT OF CHICAGO, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN A LINE 15.00 FEET WEST OF (AS MEASURED ALONG THE NORTH LINE OF SAID LOT 47) AND PARALLEL WITH THE EAST LINE OF SAID LOT 47, SAID POINT BEING 60.00 FEET SOUTH OF (AS MEASURED ALONG SAID PARALLEL LINE) THE NORTH LINE OF SAID LOT 47; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE LAST MENTIONED PARALLEL LINE 100.00 FEET; THENCE SOUTH 89 DEGREES 37 MINUTES 00 SECONDS WEST PARALLEL WITH THE NORTH LINE OF SAID LOT 47, A DISTANCE OF 182.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 160.00 FEET TO A POINT IN THE NORTH LINE OF LOT 47; THENCE NORTH 89 DEGREES 37 MINUTES 00 SECONDS EAST ALONG THE LAST MENTIONED NORTH LINE 148.28 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 60.00 FEET; THENCE NORTH 89 DEGREES 37 MINUTES 00 SECONDS EAST, 33.72 FEET TO THE POINT OF BEGINNING, IN DU PAGE COUNTY, ILLINOIS.
PARCEL 2:
P.I.N. 10-11-100-028
THE SOUTH 50 FEET OF THE EAST 175 FEET OF THAT PART OF LOT 43 LYING WEST OF THE WEST LINE OF ROUTE 83 (FORMERLY ROUTE 54 AS DEDICATED BY DOCUMENT NO. 320499 DATED DECEMBER 16, 1931) IN THE ASSESSMENT DIVISION OF THE SOUTH 1/2 OF SECTIONS 1 AND 2 AND ALL OF SECTIONS 11 AND 12 LYING NORTH OF THE SANITARY DISTRICT OF CHICAGO, ALL IN TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 22, 1895 AS DOCUMENT NO. 58945 (EXCEPTING FROM SAID PARCEL THE EAST 40.00 FEET THEREOF TAKEN FOR ROADWAY PURPOSES), IN DUPAGE COUNTY, ILLINOIS.
PARCEL 3:
P.I.N. 10-11-100-024
THE NORTH 1/2 OF LOT 47 IN THE ASSESSMENT DIVISION OF THE SOUTH 1/2 OF SECTIONS 1 AND 2 AND ALL
OF SECTIONS 11 AND 12 LYING NORTH OF THE SANITARY DISTRICT OF CHICAGO, ALL IN TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 22, 1895 AS DOCUMENT NO. 58945 (EXCEPTING THEREFROM THAT PORTION FALLING WITHIN THE FOLLOWING DESCRIBED TRACT OF LAND: THAT PART OF LOT 47 IN ASSESSMENT DIVISION, BEING A SUBDIVISION OF THE SOUTH 1/2 OF SECTIONS 1 AND 2 AND ALL OF SECTIONS 11 AND 12, LYING NORTH OF THE SANITARY DISTRICT OF CHICAGO, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN A LINE 15.0 FEET WEST OF, AS MEASURED ALONG THE NORTH LINE OF SAID LOT 47, AND PARALLEL WITH THE EAST LINE OF SAID LOT 47, SAID POINT BEING 60.00 FEET SOUTH OF, AS MEASURED ALONG SAID PARALLEL LINE, THE NORTH LINE OF SAID LOT 47; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE LAST MENTIONED PARALLEL LINE 100.00 FEET; THENCE SOUTH 89 DEGREES 37 MINUTES 00 SECONDS WEST PARALLEL WITH THE NORTH LINE OF SAID LOT 47, A DISTANCE OF 182.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 160.00 FEET TO A POINT IN THE NORTH LINE OF LOT 47; THENCE NORTH 89 DEGREES 37 MINUTES 00 SECONDS EAST ALONG THE LAST MENTIONED NORTH LINE 148.28 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 60.00 FEET; THENCE NORTH 89 DEGREES 37 MINUTES 00 SECONDS EAST, 33.72 FEET TO THE POINT OF BEGINNING), IN DUPAGE COUNTY, ILLINOIS.
PARCEL 4
P.I.N. 10-11-100-029
LOT 6 (EXCEPT THAT PART OF SAID LOT FALLING IN STATE HIGHWAY 83, AS ESTABLISHED IN THE YEAR 1943, AND ALSO EXCEPT THAT PART OF THE NORTH 60.00 FEET OF SAID LOT 6 LYING WEST OF THE WEST LINE OF SAID STATE HIGHWAY 83, AND LYING EAST OF THE A LINE WHICH IS 40.00 FEET NORMALLY DISTANT WEST OF AND PARALLEL WITH THE SAID WEST LINE OF STATE HIGHWAY 83), IN SEIDEL'S ASSESSMENT PLAT OF LOTS 48 AND 49 OF THE ASSESSMENT DIVISION OF THE SOUTH 1/2 OF SECTIONS 1 AND 2 AND ALL OF SECTIONS 11 AND 12, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE SANITARY DISTRICT OF CHICAGO; ACCORDING TO SAID SEIDEL'S PLAT RECORDED MARCH 25, 1946, AS DOCUMENT NO. 494175, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 5:
EASEMENT FOR INGRESS AND EGRESS CREATED BY WARRANTY DEED DATED FEBRUARY 7, 1923 AND RECORDED FEBRUARY 20, 1923 AS DOCUMENT NO. 162949 FROM JOSEPH VACHATA AND PETRONELA VACHATA TO EMIL BRDA AND MARY BRDA FOR THE BENEFIT OF PARCEL 2 OVER THE WEST 12 FEET OF THE SOUTH 1/2 OF LOT 47 IN THE ASSESSMENT DIVISION OF THE SOUTH 1/2 OF SECTIONS 1 AND 2 AND ALL OF SECTIONS 11 AND 12, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE SANITARY DISTRICT OF CHICAGO, ACCORDING TO THE PLAT THEREOF RECORDED MAY 22, 1895 AS DOCUMENT NO. 58945, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 6
P.I.N. 10-11-100-027
LOT 2 (EXCEPT THAT PORTION TAKEN FOR ILLINOIS ROUTE 83, IF ANY) IN VACHATA ASSESSMENT PLAT OF PART OF LOT 43 IN THE ASSESSMENT DIVISION OF THE SOUTH HALF OF SECTION 1 AND 2 AND ALL OF SECTIONS 11 AND 12, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 7
P.I.N. 10-11-100-035 & 10-11-100-036 LOTS 4 AND 5 IN JEANS' ASSESSMENT PLAT OF PART OF LOT 43 IN THE ASSESSMENT DIVISION OF THE SOUTH HALF OF SECTION 1 AND 2 AND ALL OF SECTIONS 11 AND 12, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE SANITARY DISTRICT OF CHICAGO, ACCORDING TO THE PLAT SAID JEANS' ASSESSMENT PLAT RECORDED JUNE 14, 1947 AS DOCUMENT 522937, IN DUPAGE COUNTY, ILLINOIS; and
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above requested zoning petition presented at the above hearing and at the recommendation meeting held on February 6, 2025 does find as follows:
FINDINGS OF FACT:
1. That petitioner testified that they seek the subject zoning relief to allow for the construction of a Planned Development on approximately 24.45 acres of land, and that the proposed development would include ten (10) detached dwelling units and sixty-one (61) attached dwelling units, a 14,172 square foot divisible shopping center, and two (2) place of assembly buildings that will total approximately 54,963 sq. ft., to be used for religious services, study, and education
2. That at the public hearing, petitioner amended the requested zoning relief that was originally published as an exception to increase the height from 36 feet to approximately 47 feet, to increase the height to 40 feet.
3. That petitioner testified that the proposed development would be serviced with water and sewer.
4. That petitioner testified that the north parcel currently contains a one-story, 10,500 square foot place of assembly building that would remain on the property and proposing a 17,900 square foot, one-story addition for education and services.
5. That petitioner testified that the commercial building would include businesses that would be intended to be utilized by the residents of the development, such as a grocery store and other local commercial uses.
6. That in supplemental documentation, petitioner indicated that the residential portion of the proposed development would be age-restricted (fifty-five years of age or older), as in accordance with the Housing for Older Persons Act of 1995.
a. Furthermore, that petitioner testified the age-restricted development will lessen the impact of traffic and peak hour traffic particularly, because many of the residents will already be located within the planned development, minimizing traffic concerns.
7. That petitioner testified that the single family detached dwelling units will be approximately 2,700 sq. ft. in size, the attached two-story dwelling units will be approximately 2,100 sq. ft. in size, and that there will be twenty-nine (29) attached condominium-type units with parking underneath the condominium building.
8. That petitioner testified that they are increasing the existing parking by over 133 parking spaces, with more than three hundred (300) parking spaces throughout the proposed development.
9. That petitioner testified that a traffic study was completed by Eriksson Engineering and that no intersection improvements are proposed with the development as the there is an existing paved median on Route 83 and there would be minimal impact to the existing roadways.
10. That petitioner testified that the density of the residential portion of the development is 5.4 units per acre and that the total Floor Area Ratio (FAR) of the development will be 0.25, meeting the R-4 Zoning Districts FAR maximum requirement.
11. That petitioner testified that the proposed development is designed to be a low-density development, with plenty of park land and open space.
12. That the Zoning Board of Appeals finds that the petitioner has demonstrated evidence for a Conditional Use for a Planned Development in the R-4 Zoning District, seeking 10 detached and 61 attached dwelling units, 14,172 square foot divisible shopping center, and two place of assembly buildings that will total approximately 54,963 sq. ft. to be used for religious services, study, and education, with the following exception to increase the height from 36 feet to approximately 40 feet.
13. Furthermore, that the Zoning Board of Appeals finds that the petitioner has demonstrated the required standards to approve a Conditional Use.
STANDARDS FOR CONDITIONAL USES:
1. That the Zoning Board of Appeals finds that petitioner has demonstrated that the granting of the Conditional Use is in harmony with the general purpose and intent of the Zoning Ordinance, and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the County’s comprehensive plan for development; and specifically, that the granting of the Conditional Use will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has demonstrated that the proposed development will meet the FAR of 0.25 of the R-4 Zoning District, and that with the additional open space, the proposed planned development will not impair an adequate supply of light and air to the adjacent properties.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that they will receive all required building permits for the proposed development and that they will meet all requirements from the Tri-State Fire Protection District, and therefore, will not increase the hazard from fire or other dangers to said property.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed development will be consistent with the surrounding uses and will not diminish the value of land and buildings throughout the County.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that they have completed a traffic study by Ericksson Engineering and that the proposed development will be consistent with the surrounding uses and that there will not be an unduly increase in traffic congestion in the public streets and highways.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the proposed development will comply with the Stormwater Ordinance and all wetland requirements and that there will not be an increase in the potential for flood damages to adjacent properties.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the proposed development will comply with the Stormwater Ordinance and all wetland requirements, and that the proposed development will not incur additional public expense for flood protection, rescue, or relief.
g. Otherwise impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County as petitioner has demonstrated that the proposed development will be consistent with other developments along Route 83 and that the proposed development will be an added benefit to the surrounding area that will impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.
PETITIONER’S DEVELOPMENT FACT SHEET
|
GENERAL ZONING CASE INFORMATION |
|
CASE #/PETITIONER |
ZONING-24-000077 Chinmaya Abhyudaya |
|
ZONING REQUEST |
Conditional Use for a Planned Development in the R-4 Zoning District, seeking 10 detached and 61 attached dwelling units, 14,172 square foot divisible shopping center, and two place of assembly buildings that will total approximately 54,963 sq. ft. to be used for religious services, study, and education, with the following exception: 1. To increase the height from 36 feet to approximately 47 feet. |
|
OWNER |
CHINMAYA MISSION CHICAGO, 27 W ONWENTSIA RD LAKE FOREST IL 60045-2822; CHINMAYA ABHYUDAYA LLC., 11S250 RT 83, HINSDALE IL 60521; CHINMAYA ABHYUDAYA LLC., 11S200 RT 83, HINSDALE IL 60521; CHINMAYA MISSION CHICAGO, 11S080 KINGERY HWY., WILLOWBROOK IL 60527; CHINMAYA MISSION CHICAGO 11S176 RT 83, HINSDALE IL 60521; CHINMAYA MISSION CHICAGO, 11S110 RT 83, WILLOWBROOK IL 60527 / AGENT: PHILLIP A. LUETKEHANS, LUETKEHANS, BRADY, GARNER & ARMSTRONG, LLC., 2700 INTERNATIONAL DRIVE, STE. 305, WEST CHICAGO, IL 60185 |
|
ADDRESS/LOCATION |
11S200 RT 83, HINSDALE, IL 60521; 11S250 RT 83, HINSDALE, IL 60521; 11S176 RT 83, HINSDALE, IL 60521; 11S110 RT 83, WILLOWBROOK, IL 60527; 11S080 RT 83, WILLOWBROOK IL 60527 |
|
PIN |
10-11-100-036, 10-11-100-035, 10-11-100-027, 10-11-100-023, 10-11-100-024, 10-11-100-029, 10-11-100-028 |
|
TWSP./CTY. BD. DIST. |
DOWNERS GROVE |
DISTRICT 3 |
|
ZONING/LUP |
R-4 SF RES |
INSTITUTIONAL/0-5 DU AC |
|
AREA |
24.63 ACRES (1,072,874 SQ. FT.) |
|
UTILITIES |
WATER/SEWER |
|
PUBLICATION DATE |
DAILY HERALD: DECEMBER 23, 2024 |
|
PUBLIC HEARING |
TUESDAY, JANUARY 7, 2025 |
|
ADDITIONAL INFORMATION: |
|
Building: |
No Objections. |
|
DUDOT: |
Our office has no jurisdiction in this matter. |
|
Health: |
No Objections. |
|
Stormwater: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. |
|
Public Works: |
“DPC Public Works owns sanitary sewer and water mains in the area. See attached map. They will need to come to us for permitting. Without official plans it looks like they might be building over the top of our sewer main that connects the main building to our sewer.” |
|
EXTERNAL: |
|
|
City of Darien: |
No Comments Received. |
|
Village of Burr Ridge: |
See attached documentation. |
|
Village of Lemont: |
No Comments Received. |
|
Downers Grove Township: |
No Comments Received. |
|
Township Highway: |
Have concerns with the petition. “I am very concerned with possible water run off adding to existing flooding problems experienced by The Timberlake Community.” |
|
Tri-State Fire Dist.: |
No Comments Received. |
|
Sch. Dist. 180: |
No Objections. |
|
Sch. Dist. 86: |
No Objections. |
|
Forest Preserve: |
See attached documentation. |
GENERAL BULK REQUIREMENTS:
|
REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
|
Front Yard: |
30 FEET |
N/A |
30 FEET |
|
Int. Side Yard: |
20 FEET |
N/A |
20 FEET |
|
Int. Side Yard: |
20 FEET |
N/A |
20 FEET |
|
Rear Yard: |
25 FEET |
N/A |
25 FEET |
|
Height: |
36 FEET |
N/A |
47 FEET |
LAND USE
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-4 SF RES |
PLACE OF ASSEMBLY |
INSTITUTIONAL / 0-5 DU AC |
|
North |
R-4 SF RES / B-1 LOCAL BUSINESS |
SF RESIDENTIAL/ COMMERCIAL |
0-5 DU AC |
|
South |
R-4 SF RES / R-5 RES |
SF RESIDENTIAL/ MULTI-FAM RESIDENTIAL |
0-5 DU AC |
|
East |
ROUTE 83 AND BEYOND R-4 RES / O-OFFICE |
SF RESIDENTIAL/ OFFICE |
0-5 DU AC |
|
West |
R-1 SF RES |
FOREST PRESERVE |
OPEN SPACE |
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above and at the recommendation meeting held on February 6, 2025, recommends to approve the following zoning relief:
Conditional Use for a Planned Development in the R-4 Zoning District, seeking 10 detached and 61 attached dwelling units, 14,172 square foot divisible shopping center, and two place of assembly buildings that will total approximately 54,963 sq. ft. to be used for religious services, study, and education, with the following exception:
a. To increase the height from 36 feet to approximately 40 feet.
Subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-24-000077 Chinmaya Abhyudaya dated February 6, 2025.
2. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
3. That in conjunction with the submittal of a building permit the developer provides a landscape plan showing full landscape screens around the perimeter of the development and that landscape plan is to be submitted at time of the building permit for site development work.
4. That as part of the regular building permit review process, the developer shall provide the required drawings and site plans to accommodate the required emergency services measures for emergency access for the proposed development.
5. That the residential portion of the Planned Development for Chinmaya Abhyudaya shall be age-restricted (fifty-five years of age or older) in accordance with the Housing for Older Persons Act of 1995.
6. That all lighting on the subject properties shall comply with the DuPage County Resolution EN-R-0215021, enacted April 13, 2021, supporting International Dark Skies recommendations.
7. That the exception to increase the height to forty (40) feet is only the mechanicals of Building A2, indicated on site plan dated February 6, 2025.
8. That all pavement on the subject properties be made of pervious materials and that no tar pavement products be used in the proposed development.
9. That there shall be no parking on Route 83.
10. That after one year the owner shall submit a traffic study to the County to determine if additional traffic control measures shall be required by the Division of Transportation to accommodate traffic control measures on Sunday’s during regular worship services.
11. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
ZBA VOTE (to Approve): 6 Ayes, 0 Nays, 1 Absent
WHEREAS, the County Board Development Committee on March 4, 2025, considered the above findings and recommendations of the Zoning Board of Appeals and recommends to concur with the findings and recommends to approve the following zoning relief:
Conditional Use for a Planned Development in the R-4 Zoning District, seeking 10 detached and 61 attached dwelling units, 14,172 square foot divisible shopping center, and two place of assembly buildings that will total approximately 54,963 sq. ft. to be used for religious services, study, and education, with the following exception:
a. To increase the height from 36 feet to approximately 40 feet.
Subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-24-000077 Chinmaya Abhyudaya dated February 6, 2025.
2. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
3. That in conjunction with the submittal of a building permit the developer provides a landscape plan showing full landscape screens around the perimeter of the development and that landscape plan is to be submitted at time of the building permit for site development work.
a. That the landscape plan is to also include native trees and plants on the west side of the proposed development, directly adjacent to the Forest Preserve property.
4. That as part of the regular building permit review process, the developer shall provide the required drawings and site plans to accommodate the required emergency services measures for emergency access for the proposed development.
5. That the residential portion of the Planned Development for Chinmaya Abhyudaya shall be age-restricted (fifty-five years of age or older) in accordance with the Housing for Older Persons Act of 1995.
6. That all lighting on the subject properties shall comply with the DuPage County Resolution EN-R-0215021, enacted April 13, 2021, supporting International Dark Skies recommendations.
7. That the exception to increase the height to forty (40) feet is only the mechanicals of Building A2, indicated on site plan dated February 6, 2025.
8. That all pavement on the subject properties be made of pervious materials and that no tar pavement products be used in the proposed development.
9. That there shall be no parking on Route 83.
10. That after one year the owner shall submit a traffic study to the County to determine if additional traffic control measures shall be required by the Division of Transportation to accommodate traffic control measures on Sunday’s during regular worship services.
11. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
Development Committee VOTE (Motion to Approve): 6 Ayes, 0 Nays, 0 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Conditional Use for a Planned Development in the R-4 Zoning District, seeking 10 detached and 61 attached dwelling units, 14,172 square foot divisible shopping center, and two place of assembly buildings that will total approximately 54,963 sq. ft. to be used for religious services, study, and education, with the following exception:
a. To increase the height from 36 feet to approximately 40 feet, on the property hereinafter described:
PARCEL 1:
P.I.N. 10-11-100-023
THAT PART OF LOT 47 IN ASSESSMENT DIVISION, BEING A SUBDIVISION OF THE SOUTH 1/2 OF SECTIONS 1 AND 2 AND ALL OF SECTIONS 11 AND 12, LYING NORTH OF THE SANITARY DISTRICT OF CHICAGO, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN A LINE 15.00 FEET WEST OF (AS MEASURED ALONG THE NORTH LINE OF SAID LOT 47) AND PARALLEL WITH THE EAST LINE OF SAID LOT 47, SAID POINT BEING 60.00 FEET SOUTH OF (AS MEASURED ALONG SAID PARALLEL LINE) THE NORTH LINE OF SAID LOT 47; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE LAST MENTIONED PARALLEL LINE 100.00 FEET; THENCE SOUTH 89 DEGREES 37 MINUTES 00 SECONDS WEST PARALLEL WITH THE NORTH LINE OF SAID LOT 47, A DISTANCE OF 182.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 160.00 FEET TO A POINT IN THE NORTH LINE OF LOT 47; THENCE NORTH 89 DEGREES 37 MINUTES 00 SECONDS EAST ALONG THE LAST MENTIONED NORTH LINE 148.28 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 60.00 FEET; THENCE NORTH 89 DEGREES 37 MINUTES 00 SECONDS EAST, 33.72 FEET TO THE POINT OF BEGINNING, IN DU PAGE COUNTY, ILLINOIS.
PARCEL 2:
P.I.N. 10-11-100-028
THE SOUTH 50 FEET OF THE EAST 175 FEET OF THAT PART OF LOT 43 LYING WEST OF THE WEST LINE OF ROUTE 83 (FORMERLY ROUTE 54 AS DEDICATED BY DOCUMENT NO. 320499 DATED DECEMBER 16, 1931) IN THE ASSESSMENT DIVISION OF THE SOUTH 1/2 OF SECTIONS 1 AND 2 AND ALL OF SECTIONS 11 AND 12 LYING NORTH OF THE SANITARY DISTRICT OF CHICAGO, ALL IN TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 22, 1895 AS DOCUMENT NO. 58945 (EXCEPTING FROM SAID PARCEL THE EAST 40.00 FEET THEREOF TAKEN FOR ROADWAY PURPOSES), IN DUPAGE COUNTY, ILLINOIS.
PARCEL 3:
P.I.N. 10-11-100-024
THE NORTH 1/2 OF LOT 47 IN THE ASSESSMENT DIVISION OF THE SOUTH 1/2 OF SECTIONS 1 AND 2 AND ALL
OF SECTIONS 11 AND 12 LYING NORTH OF THE SANITARY DISTRICT OF CHICAGO, ALL IN TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 22, 1895 AS DOCUMENT NO. 58945 (EXCEPTING THEREFROM THAT PORTION FALLING WITHIN THE FOLLOWING DESCRIBED TRACT OF LAND: THAT PART OF LOT 47 IN ASSESSMENT DIVISION, BEING A SUBDIVISION OF THE SOUTH 1/2 OF SECTIONS 1 AND 2 AND ALL OF SECTIONS 11 AND 12, LYING NORTH OF THE SANITARY DISTRICT OF CHICAGO, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN A LINE 15.0 FEET WEST OF, AS MEASURED ALONG THE NORTH LINE OF SAID LOT 47, AND PARALLEL WITH THE EAST LINE OF SAID LOT 47, SAID POINT BEING 60.00 FEET SOUTH OF, AS MEASURED ALONG SAID PARALLEL LINE, THE NORTH LINE OF SAID LOT 47; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE LAST MENTIONED PARALLEL LINE 100.00 FEET; THENCE SOUTH 89 DEGREES 37 MINUTES 00 SECONDS WEST PARALLEL WITH THE NORTH LINE OF SAID LOT 47, A DISTANCE OF 182.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 160.00 FEET TO A POINT IN THE NORTH LINE OF LOT 47; THENCE NORTH 89 DEGREES 37 MINUTES 00 SECONDS EAST ALONG THE LAST MENTIONED NORTH LINE 148.28 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 60.00 FEET; THENCE NORTH 89 DEGREES 37 MINUTES 00 SECONDS EAST, 33.72 FEET TO THE POINT OF BEGINNING), IN DUPAGE COUNTY, ILLINOIS.
PARCEL 4
P.I.N. 10-11-100-029
LOT 6 (EXCEPT THAT PART OF SAID LOT FALLING IN STATE HIGHWAY 83, AS ESTABLISHED IN THE YEAR 1943, AND ALSO EXCEPT THAT PART OF THE NORTH 60.00 FEET OF SAID LOT 6 LYING WEST OF THE WEST LINE OF SAID STATE HIGHWAY 83, AND LYING EAST OF THE A LINE WHICH IS 40.00 FEET NORMALLY DISTANT WEST OF AND PARALLEL WITH THE SAID WEST LINE OF STATE HIGHWAY 83), IN SEIDEL'S ASSESSMENT PLAT OF LOTS 48 AND 49 OF THE ASSESSMENT DIVISION OF THE SOUTH 1/2 OF SECTIONS 1 AND 2 AND ALL OF SECTIONS 11 AND 12, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE SANITARY DISTRICT OF CHICAGO; ACCORDING TO SAID SEIDEL'S PLAT RECORDED MARCH 25, 1946, AS DOCUMENT NO. 494175, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 5:
EASEMENT FOR INGRESS AND EGRESS CREATED BY WARRANTY DEED DATED FEBRUARY 7, 1923 AND RECORDED FEBRUARY 20, 1923 AS DOCUMENT NO. 162949 FROM JOSEPH VACHATA AND PETRONELA VACHATA TO EMIL BRDA AND MARY BRDA FOR THE BENEFIT OF PARCEL 2 OVER THE WEST 12 FEET OF THE SOUTH 1/2 OF LOT 47 IN THE ASSESSMENT DIVISION OF THE SOUTH 1/2 OF SECTIONS 1 AND 2 AND ALL OF SECTIONS 11 AND 12, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE SANITARY DISTRICT OF CHICAGO, ACCORDING TO THE PLAT THEREOF RECORDED MAY 22, 1895 AS DOCUMENT NO. 58945, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 6
P.I.N. 10-11-100-027
LOT 2 (EXCEPT THAT PORTION TAKEN FOR ILLINOIS ROUTE 83, IF ANY) IN VACHATA ASSESSMENT PLAT OF PART OF LOT 43 IN THE ASSESSMENT DIVISION OF THE SOUTH HALF OF SECTION 1 AND 2 AND ALL OF SECTIONS 11 AND 12, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 7
P.I.N. 10-11-100-035 & 10-11-100-036 LOTS 4 AND 5 IN JEANS' ASSESSMENT PLAT OF PART OF LOT 43 IN THE ASSESSMENT DIVISION OF THE SOUTH HALF OF SECTION 1 AND 2 AND ALL OF SECTIONS 11 AND 12, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE SANITARY DISTRICT OF CHICAGO, ACCORDING TO THE PLAT SAID JEANS' ASSESSMENT PLAT RECORDED JUNE 14, 1947 AS DOCUMENT 522937, IN DUPAGE COUNTY, ILLINOIS; and
The Zoning Relief is subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-24-000077 Chinmaya Abhyudaya dated February 6, 2025.
2. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
3. That in conjunction with the submittal of a building permit the developer provides a landscape plan showing full landscape screens around the perimeter of the development and that landscape plan is to be submitted at time of the building permit for site development work.
a. That the landscape plan is to also include native trees and plants on the west side of the proposed development, directly adjacent to the Forest Preserve property.
4. That as part of the regular building permit review process, the developer shall provide the required drawings and site plans to accommodate the required emergency services measures for emergency access for the proposed development.
5. That the residential portion of the Planned Development for Chinmaya Abhyudaya shall be age-restricted (fifty-five years of age or older) in accordance with the Housing for Older Persons Act of 1995.
6. That all lighting on the subject properties shall comply with the DuPage County Resolution EN-R-0215021, enacted April 13, 2021, supporting International Dark Skies recommendations.
7. That the exception to increase the height to forty (40) feet is only the mechanicals of Building A2, indicated on site plan dated February 6, 2025.
8. That all pavement on the subject properties be made of pervious materials and that no tar pavement products be used in the proposed development.
9. That there shall be no parking on Route 83.
10. That after one year the owner shall submit a traffic study to the County to determine if additional traffic control measures shall be required by the Division of Transportation to accommodate traffic control measures on Sunday’s during regular worship services.
11. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
BE IT FURTHER ORDAINED by the County Board of DuPage County, Illinois that should any section, clause or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid; and
BE IT FURTHER ORDAINED that a certified copy of this Ordinance be transmitted by the County Clerk to the DuPage County Finance Department; DuPage County Auditor; DuPage County Treasurer; Paul J. Hoss, Zoning; State's Attorney's Office; DuPage County Health Department; DuPage County Division of Transportation; CHINMAYA MISSION CHICAGO, 27 W.ONWENTSIA RD LAKE FOREST IL 60045-2822; CHINMAYA ABHYUDAYA LLC., 11S250 RT 83, HINSDALE IL 60521; CHINMAYA ABHYUDAYA LLC., 11S200 RT 83, HINSDALE IL 60521; CHINMAYA MISSION CHICAGO, 11S080 KINGERY HWY., WILLOWBROOK IL 60527; CHINMAYA MISSION CHICAGO 11S176 RT 83, HINSDALE IL 60521; CHINMAYA MISSION CHICAGO, 11S110 RT 83, WILLOWBROOK IL 60527 / AGENT: PHILLIP A. LUETKEHANS, LUETKEHANS, BRADY, GARNER & ARMSTRONG, LLC., 2700 INTERNATIONAL DRIVE, STE. 305, WEST CHICAGO, IL 60185; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
end
Enacted and approved this 11th day of March, 2025 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK